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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of File No. EB-06-SE-317
)
Lockheed Martin Corporation NAL/Acct. No. 200732100015
)
Clarksburg, Maryland FRN: 0014357743
)
ORDER
Adopted: March 31, 2008 Released: April 2, 2008
By the Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau ("Bureau") and Lockheed Martin
Corporation ("Lockheed Martin"). The Consent Decree terminates the
Bureau's enforcement proceeding relating to Lockheed Martin's
compliance with Section 301 of the Communications Act of 1934, as
amended ("Act"), and Section 25.102(a) of the Commission's Rules
("Rules").
2. The Enforcement Bureau and Lockheed Martin have negotiated the terms
of a Consent Decree that would resolve these matters and terminate the
enforcement proceeding. A copy of the Consent Decree is attached
hereto and incorporated by reference.
3. Based on the record before us, we conclude that no substantial or
material questions of fact exist with respect to this matter as to
whether Lockheed Martin possesses the basic qualifications, including
those related to character, to hold or obtain any FCC license or
authorization.
4. After reviewing the terms of the Consent Decree, we find that the
public interest would be served by adopting the Consent Decree and
terminating the enforcement proceeding.
5. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 503(b) of
the Act, and the authority delegated by Sections 0.111 and 0.311 of
Rules, the Consent Decree attached to this Order IS ADOPTED.
6. IT IS FURTHER ORDERED that the above-captioned enforcement proceeding
IS TERMINATED.
7. IT IS FURTHER ORDERED that Lockheed Martin Corporation shall make its
voluntary contribution to the United States Treasury, as specified in
the Consent Decree, by mailing a check or similar instrument payable
to the order of the Federal Communications Commission, to Federal
Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
Payment by overnight mail may be sent to U.S. Bank - Government
Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
63101. Payment by wire transfer may be made to ABA Number 021030004,
receiving bank TREAS/NYC, and account number 27000001. For payment by
credit card, an FCC Form 159 (Remittance Advice) must be submitted.
When completing the FCC Form 159, enter the NAL/Account number in
block number 23A (call sign/other ID), and enter the letters "FORF" in
block number 24A (payment type code).
8. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
shall be sent by first class mail and certified mail, return receipt
requested, to Lockheed Martin Corporation, Attn: Jennifer A. Warren,
Senior Director, Trade and Regulatory Affairs, 1550 Crystal Drive,
Suite 300, Arlington, VA 22202.
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief, Enforcement Bureau
CONSENT DECREE
I. INTRODUCTION
1. The Enforcement Bureau ("Bureau") of the Federal Communications
Commission ("Commission") and Lockheed Martin Corporation ("Lockheed
Martin") hereby enter into this Consent Decree for the purpose of
terminating an enforcement proceeding relating to whether Lockheed
Martin violated Section 301 of the Communications Act of 1934, as
amended ("Act"), and Section 25.102(a) of the Commission's Rules
("Rules"), by operating its satellite earth station at Clarksburg,
Maryland, call sign E970322 ("earth station E970322"), without
Commission authorization following the expiration of a special
temporary authorization, and the Bureau's investigation relating to
whether Lockheed Martin violated Section 301 of the Act and Section
25.102(a) of the Rules by operating earth station E970322 at variance
from the terms of its authorization.
II. DEFINITIONS
2. For the purposes of this Consent Decree the following definitions
apply:
(a) "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S:S:
151 et seq.;
(b) "Adopting Order" means an order of the Bureau adopting the terms and
conditions of this Consent Decree;
(c) "Bureau" means the Enforcement Bureau of the Federal Communications
Commission;
(d) "Commission" or "FCC" means the Federal Communications Commission;
(e) "Effective Date" means the date on which the Bureau releases the
Adopting Order;
(f) "Enforcement Proceeding" means the investigation of possible
violations of Section 301 of the Act and Section 25.102(a) of the Rules by
Lockheed Martin undertaken by the Bureau and culminating in the Notice of
Apparent Liability for Forfeiture;
(g) "Investigation" means the Bureau's investigation into possible
violations of Section 301 of the Act and Section 25.102(a) of the Rules by
Lockheed Martin referred by the International Bureau on May 2, 2007;
(h) "Lockheed Martin" means Lockheed Martin Corporation and its parent,
subsidiaries, divisions and affiliates, and each of their respective
officers, directors, employees, agents, representatives, or any other
person acting or purporting to act on behalf of Lockheed Martin or their
successors or assigns;
(i) "Notice of Apparent Liability for Forfeiture" or "NAL" means Lockheed
Martin Corporation, 22 FCC Rcd 4116 (Enf. Bur., Spectrum Enf. Div., 2007);
(j) "Parties" means Lockheed Martin and the Bureau; and
(k) "Rules" means the Commission's Rules found in Title 47 of the Code of
Federal Regulations.
III. BACKGROUND
3. Section 301 of the Act prohibits a person from using or operating any
apparatus for the transmission of energy or communications or signals
by radio except under and in accordance with the Act and with a
license granted in accordance with the Act. Similarly, under Section
25.102(a) of the Rules, no person may use or operate any apparatus for
the transmission of energy or communications or signals by space or
earth stations except under, and in accordance with, an appropriate
authorization granted by the Commission.
4. Lockheed Martin filed a Request for Special Temporary Authority
("STA") with the Commission on January 20, 2006 to operate its earth
station E970322, with the Inmarsat-3 (F4) satellite located at 54DEG
W.L. during the westward drift of the satellite to a new location at
142DEG W.L. pending grant of Lockheed Martin's then to-be-filed
modification of license application to include the Inmarsat-3
satellite at 142DEG W.L. as a point of communication. The
International Bureau granted Lockheed Martin's STA request on February
1, 2006 for sixty days to be effective from February 3, 2006 through
April 3, 2006. A request to extend the STA was not filed by April 3,
and the STA expired. On June 8, 2006, upon recognizing that the STA
had not been renewed, Lockheed Martin requested an extension of the
initial STA and also sought to have the extended STA made effective
from April 3, 2006. On July 3, 2006, the International Bureau granted
Lockheed Martin's second STA request, to be effective from June 18,
2006 through October 18, 2006.
5. Because it appeared that Lockheed Martin may have operated the earth
station without authority for the Inmarsat-3 (F4) satellite at its new
location from April 4, 2006 through June 7, 2006 after the expiration
of its STA, the FCC's International Bureau referred this case to the
Bureau for investigation and possible enforcement action. On October
11, 2006, the Bureau's Spectrum Enforcement Division issued a letter
of inquiry ("LOI") to Lockheed Martin. Lockheed Martin responded to
the LOI on November 13, 2006. The Bureau issued an NAL on March 2,
2007, finding Lockheed Martin apparently liable for a forfeiture in
the amount of $8,000.
6. Additionally, Lockheed Martin reported to the International Bureau in
December 2006 that there was a discrepancy between the authorized
transmit frequency for earth station E970322 and the frequency on
which the earth station was actually transmitting. Specifically, the
earth station had been operating since 1997 at 6455.42 MHz, rather
than its authorized frequency of 6455.5 MHz. Lockheed Martin disclosed
this discrepancy in its December 13, 2006 amendment to the
then-pending application to modify the license of earth station
E970322. On May 2, 2007, the International Bureau referred this matter
to the Bureau for investigation and possible enforcement action.
7. The modification of license application was subsequently dismissed for
unrelated reasons, and Lockheed Martin continued to operate earth
station E970322, pursuant to extensions of the STA sought on June 8,
2006, until the earth station ceased operation in July 2007. On August
15, 2007, Lockheed Martin surrendered the earth station license.
IV. TERMS OF SETTLEMENT
8. The Parties agree that the provisions of this Consent Decree shall be
subject to final approval by the Bureau by incorporation of such
provisions by reference in the Adopting Order.
9. The Parties agree that this Consent Decree does not constitute either
an adjudication on the merits or a factual or legal finding or
determination of any compliance or noncompliance by Lockheed Martin
with the Act or the Commission's Rules and orders. The Parties further
agree that this Consent Decree is for settlement purposes only and
that by agreeing to the Consent Decree, Lockheed Martin does not admit
or deny any liability for violating the Act or the Rules in connection
with the matters that are the subject of this Consent Decree.
10. The Parties agree that this Consent Decree shall become binding on the
Parties on the Effective Date. Upon release, the Adopting Order and
this Consent Decree shall have the same force and effect as any other
final order of the Commission and any violation of the terms or
conditions of this Consent Decree shall constitute a violation of a
Commission order entitling the Commission to exercise any rights and
remedies attendant to the enforcement of a Commission order.
11. The Parties acknowledge and agree that this Consent Decree shall
constitute a final and binding settlement between Lockheed Martin and
the Bureau regarding possible violations of the Act and the Rules with
respect to the operation of earth station E970322 facilities prior to
the Effective Date of this Consent Decree. In express reliance on the
covenants and representations contained herein, and in order to avoid
the potential expenditure of additional public resources, the Bureau
agrees to terminate the Enforcement Proceeding and Investigation and
cancel the NAL.
12. In consideration for termination of the Enforcement Proceeding and
Investigation and cancellation of the NAL by the Bureau, and in
accordance with the terms of this Consent Decree, Lockheed Martin
agrees to the terms set forth herein.
13. Lockheed Martin acknowledges that the Bureau has jurisdiction over the
matters contained in this Consent Decree and the authority to enter
into and adopt this Consent Decree.
14. Lockheed Martin agrees that, as of the Effective Date of this Consent
Decree, it will fully comply with the Rules concerning the licensing
and operation of earth station facilities and all other applicable
provisions of the Act and the Rules with respect to its satellite
earth station facilities. Consistent with this commitment:
a. Lockheed Martin has revised its procedures to ensure that filing
deadlines and expiration dates for all earth station facilities
Lockheed Martin uses to provide radionavigation-satellite services
(regularly licensed facilities as well as those operated pursuant to
STAs) are recorded on a matrix that is updated as necessary and
maintained by both Lockheed Martin and outside counsel;
b. Lockheed Martin has taken steps to ensure that: (i) its satellite
earth station facilities are operated consistent with the licenses
granted by the FCC (and applicable FCC rules and policies), and (ii)
when plans for changes to its satellite earth station facilities are
finalized, Lockheed Martin will promptly determine whether its
current earth station licenses permit the proposed changes or whether
an application for new or modified authority, or a notification of
the changes, must be submitted to the FCC; and
c. Lockheed Martin has designated its Senior Director, Government and
Regulatory Affairs, to be responsible for overseeing Lockheed
Martin's actions pursuant to this section of the Consent Decree.
15. The Bureau agrees that, in the absence of new material evidence, it
will not entertain or institute, or use the facts developed in the
Enforcement Proceeding and Investigation or the existence of this
Consent Decree to institute, on its own motion, any new proceeding,
formal or informal, or take any action on its own motion, or recommend
to the full Commission any forfeiture or other sanction, against
Lockheed Martin for any alleged violation of the Act or the Rules with
respect to the operation of earth station E970322 facilities prior to
the Effective Date of this Consent Decree. The Bureau further agrees
that, in the absence of new material evidence, it will not use the
facts developed in the Enforcement Proceeding and Investigation
through the effective date to initiate on its own motion, or recommend
to the Commission, any proceeding, formal or informal, or take any
action against Lockheed Martin with respect to Lockheed Martin's basic
qualifications to hold Commission licenses or authorizations. Nothing
in this Consent Decree shall prevent the Bureau from instituting, or
recommending to the Commission, new investigations or enforcement
proceedings against Lockheed Martin, in the event of any alleged
future misconduct for violation of this Consent Decree or for
violation of the Act or the Commission's Rules, consistent with the
provisions of this Consent Decree.
16. The Parties agree that each is required to comply with each individual
condition of this Consent Decree. Each specific condition is a
separate condition of the Consent Decree as approved. To the extent
that Lockheed Martin fails to satisfy any condition, in the absence of
Commission alteration of the condition, it will be deemed noncompliant
and may be subject to possible future enforcement action with respect
to such failure to satisfy the condition.
17. The Parties agree that any provision of this Consent Decree which
conflicts with any subsequent rule, order of general applicability or
other decision of general applicability adopted by the Commission will
be superseded by such Commission rule, order or other decision.
18. Lockheed Martin agrees that it will make a voluntary contribution to
the United States Treasury in the amount of twelve thousand dollars
($12,000.00). The payment will be made within 30 days after the Effective
Date of the Adopting Order. The payment must be made by check or similar
instrument, payable to the order of the Federal Communications Commission.
The payment must include the NAL/Account Number and FRN Number referenced
in the caption to the Adopting Order. Payment by check or money order may
be mailed to Federal Communications Commission, P.O. Box 979088, St.
Louis, MO 63197-9000. Payment by overnight mail may be sent to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis,
MO 63101. Payment by wire transfer may be made to ABA Number 021030004,
receiving bank TREAS/NYC, and account number 27000001. For payment by
credit card, an FCC Form 159 (Remittance Advice) must be submitted. When
completing the FCC Form 159, enter the NAL/Account number in block number
23A (call sign/other ID), and enter the letters "FORF" in block number 24A
(payment type code).
19. Lockheed Martin's decision to enter into this Consent Decree is
expressly contingent upon the Bureau's issuance of an Adopting Order
that is consistent with this Consent Decree, and which adopts the
Consent Decree without change, addition, modification, or deletion.
20. The Parties waive any and all rights they may have to seek
administrative or judicial reconsideration, review, appeal or stay, or
to otherwise challenge or contest the validity of this Consent Decree
and Adopting Order, provided that the Adopting Order adopts the
Consent Decree without change, addition, modification, or deletion.
21. In the event that any court of competent jurisdiction renders this
Consent Decree invalid, this Consent Decree shall become null and void
and may not be used in any manner in any legal proceeding.
22. If either Party (or the United States on behalf of the Commission)
brings a judicial action to enforce the terms of the Adopting Order,
neither Lockheed Martin nor the Commission shall contest the
continuing validity of the Consent Decree or Adopting Order. The
Parties agree to comply with, defend and support the validity of this
Consent Decree and the Adopting Order in any proceeding seeking to
nullify, void or otherwise modify the Consent Decree or the Adopting
Order.
23. Lockheed Martin waives any rights it may have under any provision of
the Equal Access to Justice Act, 5 U.S.C. S: 504 and 47 C.F.R. S:
1.1501 et seq., relating to the matters addressed in this Consent
Decree.
24. This Consent Decree cannot be modified without the advance written
consent of all of the Parties.
25. This Consent Decree may be signed in counterparts.
For the Enforcement Bureau:
By: ________________________ _________________________ Kris Anne Monteith
Date
Chief, Enforcement Bureau
For Lockheed Martin Corporation:
By: ________________________ _________________________ Gerald Musarra Date
Vice President,
Government & Regulatory Affairs
47 U.S.C. S: 301.
47 C.F.R. S: 25.102(a).
47 U.S.C. S:S: 154(i) and 503(b).
47 C.F.R. S:S: 0.111 and 0.311.
47 U.S.C. S: 301.
47 C.F.R. S: 25.102(a).
Lockheed Martin's license for earth station E970322 authorized the
Inmarsat-3 (F4) satellite as a point of communication, but the limits of
the frequency coordination did not extend sufficiently far west as to
encompass operation of the satellite at its new 142-o W.L. orbital
location. Lockheed Martin filed an application for license modification
for earth station E970322 to specify operation with the Inmarsat-3 (F4)
satellite at its new location, on June 15, 2006. See File No.
SES-MFS-2006-0615-01010. The application was accepted for filing on August
9, 2006.
See File No. SES-STA-20060120-00074 (granted February 1, 2006).
See File No. SES-STA-20060608-00950 (granted July 3, 2006).
Letter from Kathryn S. Berthot, Deputy Chief, Spectrum Enforcement
Division, Enforcement Bureau, Federal Communications Commission, to
Lockheed Martin Corporation (October 11, 2006).
See Letter from Lockheed Martin Corporation to Kathryn S. Berthot, Deputy
Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal
Communications Commission (November 13, 2006) ("LOI Response").
In its 1997 application for authority to operate earth station E970322,
COMSAT Corporation ("COMSAT"), then an entity unaffiliated with Lockheed
Martin, specified 6455.5 MHz as the transmit frequency. See File No.
SES-LIC-19970520-00657. When COMSAT commenced operation of earth station
E970322 in 1997 under pre-grant STA, however, it began operating the
station at 6455.42 MHz. In 2000, COMSAT and Lockheed Martin completed a
Commission-approved merger, and Lockheed Martin was substituted for COMSAT
as the applicant for the earth station in July 2001. When the license for
earth station E970322 was granted approximately two months later, it
specified a transmit frequency of 6455.5 MHz.
See File No. SES-AMD-20061213-02137, at Ex. 43. Lockheed Martin determined
that the transmission bandwidth, however, was not 2.2 MHz, but instead was
2.046 MHz (which corresponds to the +/- 1.023 MHz chipping rate of the
Global Positioning System downlink signal that is centered on 1575.42 MHz
in the radionavigation-satellite service. Thus, the transmission bandwidth
from the earth station was 6454.397-6456.443 MHz, and there was a 3 kHz
discrepancy (6454.397 MHz actual vs. the 6454.4 MHz authorized) on the
lower end of the uplink band, while the upper limit (6456.443 MHz) was 157
kHz below (i.e., within) the authorized band and its upper frequency limit
of 6456.6 MHz.
Federal Communications Commission DA 08-763
1